Constitutional Law - Missed Qs

Question 1

A woman whose children attended a charter school learned that the children of the woman’s neighbor who attended a parochial school received a hot lunch paid for, in part, through federal expenditures enacted under Congress’s spending power. The charter school received no funding from the federal government and was not allowed to participate in the hot lunch program. The woman challenged this federal expenditure as a violation of the Establishment Clause.

For her to bring the suit, at the very least what must the woman allege?

A. She pays federal income taxes and has two children who are not eligible for the lunch program because they attend the charter school
B. She pays federal income taxes and the use of federal funds in this manner is an improper taxing and spending method
C. She pays federal income taxes and has children who are of school age
D. She pays federal income taxes and has children who are of school age, and the use of federal funds in this manner is an improper taxing and spending method

Answer 1

B. She pays federal income taxes and the use of federal funds in this manner is an improper taxing and spending method

Question 2

The Federal Communications Commission (“FCC”) issued a lengthy set of regulations regarding personal radar detectors. The regulations deal with the safety of such detectors and the frequencies on which they may operate, so as not to interfere with FCC-licensed radio and television stations or with radar used by commercial airliners and private aircraft.

May a state constitutionally ban the use of radar detectors on its roads?

A. No, because the regulation of radio transmissions is within the purview of the FCC rather than the states, and state laws that attempt to regulate devices such as radar detectors are preempted.
B. No, because such a ban would burden interstate commerce.
C. Yes, because such a ban would operate only within the state.
D. Yes, because the state has a legitimate interest in regulating the use of radar detectors in order to promote safe driving.

Answer 2

D. Yes, because the state has a legitimate interest in regulating the use of radar detectors in order to promote safe driving.

Question 3

Large semi-trailer trucks use one of two basic designs of tires. There are some differences in the two designs of the tires, but both are deemed to be equally safe by independent testing labs. A state has enacted a statute banning the use of one of the tire types. The other tire design is legal and available for sale in all states. A trade association of interstate trucking firms has brought suit to have the statute declared unconstitutional. The state argues that no burden exists because the other tire design can be used in all states.

How should the Court rule on the constitutionality of the statute?

A. Constitutional, because the other tire design is equally safe.
B. Constitutional, because the states have the power to regulate safety on their highways.
C. Unconstitutional, because it’s an undue burden on interstate commerce.
D. Unconstitional, because it violates the Privileges and Immunities clause of Aritcle IV.

Answer 3

C. Unconstitutional, because it’s an undue burden on interstate commerce.

Question 4

Commercial fishing has long been one of the major industries of a coastal state. To protect the fishing industry and to promote the general welfare of the state’s citizens, the legislature of the state enacted statutes requiring licenses for commercial fishing. An applicant for the license must pay a $300 fee and establish that he has been engaged in commercial fishing in the waters of the state for 10 years. A commercial fisherman residing in a neighboring state frequently takes his fishing boat up the coast. His favorite spot is approximately two miles off the coast of the legislating state.

If the commercial fisherman challenges the constitutionality of the legislating state’s statutes, should the court find the statutes constitutional?

A. Yes, because Congress has not enacted legislation regarding the subject matter of the statutes.
B. Yes, because economic and social regulations are presumed valid.
C. No, because less restrictive means are available.
D. No, because Congress has exclusive power to regulate foreign commerce, which includes commercial fishing.

Answer 4

C. No, because less restrictive means are available.

Question 5

A state law prohibits physicians from practicing medicine within the state without a state license. Among other things, the grant of a state license requires a physician to have been a resident of the state for at least one year. A physician moved to the state from a nearby state and immediately applied for a license to practice medicine. Although otherwise qualified, the physician’s request for a license was denied based on the residency requirement. The physician brought suit, alleging that the residency requirement violated the United States Constitution.

Will the physician likely succeed?

A. Yes, because the requirement violates the Privileges and Immunities Clause of Article IV.
B. Yes, because the requirement violates the Privileges or Immunities Clause of the 14th Amendment.
C. Yes, because the requirement violates the Due Process Clause of the 14th Amendment.
D. No, because the state has a compelling interest in furthering the welfare of its residents.

Answer 5

B. Yes, because the requirement violates the Privileges or Immunities Clause of the 14th Amendment.

Question 6

A state statute provided for the suspension or revocation of a retail business license where there have been “repeated violations” of specified regulatory statutes by any one individual or business. A store owner had already been fined three times under the statute. Several days later, the store owner received a notice from the regulatory agency that was created by the statute stating that his business license will be suspended for 21 days for violation of the statute.

If the store owner files suit to set aside the suspension, will the owner most likely prevail?

A. Yes, because the statute fails to set forth the exact number of violations that a business would have to commit before its business license is revoked.
B. Yes, because the store owner has not been given a hearing before the agency.
C. No, because the agency could by its rules construe the term “repeated violations” in such a manner as to comport with due process requirements.
D. No, because the agency is merely a regulatory agency, and therefore the store owner has no right to a hearing.

Answer 6

B. Yes, because the store owner has not been given a hearing before the agency.

Question 7

For many years, civil service rules have provided that any member of the city’s police department must serve a one-year probationary period before he or she will be considered a permanent employee. However, because the rules were enacted before the city’s police academy was established, a prospective police officer now spends six months in the academy before being hired by the city. A graduate of the police academy was with the city police department for eight months after graduation when she was terminated. There were no city ordinances or state laws that required that she be given either a reason for the termination or a hearing, and she was given neither. The graduate brought suit against the city in state court because of the termination of her employment, alleging a violation of her due process rights.

Which of the following would most likely give her a constitutional basis to require the city to give her a statement of reasons for the termination and an opportunity for a hearing?

A. No police officer had every been terminated during probation except where there was actual cause.
B. The six months she spent in the academy mus be considered as part of her probationary period.
C. The budget of the police department was recently increased to allow for the hiring of additional officers.
D. She was the only female police officer on probation and the only officer not given permanent employment.

Answer 7

A. No police officer had every been terminated during probation except where there was actual cause.

Question 8

A state statute provides a remedy for victims of employment discrimination. The statute requires complainants to bring charges before the state’s fair employment commission within 180 days of the alleged unlawful employment practices. The commission then has 120 days to convene a fact-finding conference to obtain evidence, ascertain the parties’ positions, and explore settlement possibilities. An employee was discharged from his job purportedly because of a physical handicap unrelated to his ability to perform his job. The employee filed a timely complaint, alleging unlawful termination of employment, as required by the statute. However, through inadvertence, the commission scheduled the fact-finding conference five days after the 120-day statutory period expired. At the conference, the employer moved that the charge be dismissed for lack of a timely conference. The commission denied the motion. The employer petitioned the state supreme court. The court held for the employer, stating that the failure to comply with the 120-day requirement deprived the commission of jurisdiction to consider the employee’s charge. On appeal to the United States Supreme Court, the employee argues that his right to due process will be violated if the commission’s error is allowed to extinguish his cause of action.

Which of the following best describes the viability of the employee’s due process claim?

A. The claim fails, because the employee had no protected property interest in his job.
B. The claim fails, because the state legislature, having conferred on claimants a remedy for claims of unfair employment practices, has the prerogative to establish limiting procedures for such claims.
C. The claim succeeds, because the employee had a protected property interest in the remedy.
D. The claim succeeds, because of the fundamental unfairness of leaving the employee without a remedy.

Answer 8

C. The claim succeeds, because the employee had a protected property interest in the remedy.

Question 9

The police department of a small city has jurisdiction within the city limits and over a defined portion of the surrounding rural communities within the county. A farmer lives in one of the rural communities receiving police protection from the city. The farmer does not pay any tax to the city directly, but a portion of the farmer’s county property tax is turned over by the county to the city in order to support the city’s police department.

The farmer’s property was vandalized several times over the past several months, and the farmer became unhappy with the police protection that the city was providing. After his complaints to the police department and city hall did not improve the situation, the farmer wanted to vote against the mayor in the next election, but a city ordinance provides that only residents of the city may vote in city elections.

If the farmer brings a suit to compel the city to allow him to vote in the city’s mayoral election, is he likely to prevail?

A. No, because the resident voting limitation appears to be rationally related to a legitimate government interest.
B. No, but only if the city can prove that the resident voting limitation, which affects a fundamental right, is necessary to a compelling interest.
C. Yes, because the resident voting limitation violates the privileges and immunities clause of the fourteenth amendment.
D. Yes, because the resident voting limitation constitutes an instance of taxation without representation.

Answer 9

A. No, because the resident voting limitation appears to be rationally related to a legitimate government interest.

Question 10

Which of the following is not itself sufficient to trigger strict or intermediate scrutiny on a claim that government action discriminates on the basis of a suspect or quasi-suspect classification?

A. Facial discrimination
B. Discriminatory motive
C. Discriminatory effect
D. Discriminatory application

Answer 10

C. Discriminatory effect

Question 11

_________ is not a suspect classification for equal protection purposes.

A. Race
B. Gender
C. National origin
D. Alienage

Answer 11

B. Gender

Question 12

Intending to encourage long-time resident aliens to become American citizens, a state passed a law denying numerous state and municipal jobs to persons who had been resident aliens for longer than 10 years. Those already in the state had to apply for American citizenship within a year after the law took effect. Persons who had acquired resident alien status prior to achieving the age of majority had until age 30 to acquire such status or be automatically disqualified from obtaining such a job. A 40-year-old man who has been a resident alien in the state for 15 years applied for a job as a police emergency response telecommunications expert. He had not filed for citizenship within the one-year grace period.

May the state constitutionally rely on the statute to refuse to hire the man?

A. Yes, because a police department performs an integral governmental function and the state law does not discriminatorily classify resident aliens by race or ethnicity.
B. Yes, because aliens are not entitled to the privileges and immunities of state citizenship.
C. No, because the law does not apply to all aliens.
D. No, because the reasons for application of the law to the man do not appear compelling.

Answer 12

D. No, because the reasons for application of the law to the man do not appear compelling.

Question 13

Which of the following is considered protected speech under the First Amendment?

A. Speech creating a clear and present danger of imminent lawless action
B. Fighting words
C. Commercial speech
D. Obscenity

Answer 13

C. Commercial speech

Question 14

A state statute makes it a felony for anyone in the corridors or on the grounds of any building in which a court may be in session to make a speech or carry a sign intended to improperly influence judicial proceedings. When the head of a street gang was on trial for murder, a gang member was arrested for carrying a sign on the steps of the courthouse warning that if the gang leader was not freed, “the judge will die.”

May the gang member be convicted of violating the state statute?

A. No, because the statute could apply to others whose speech is constitutionally protected
B. No, unless he personally intended to harm the judge
C. Yes, if there was a clear and present danger that the judge would be influenced by the sign
D. Yes, because the statute does not violate the freedom of expression guaranteed by the First Amendment

Answer 14

D. Yes, because the statute does not violate the freedom of expression guaranteed by the First Amendment

Question 14

After a state supreme court overturned the conviction in a murder case for failure to give proper Miranda warnings, a reporter asked the murder victim’s father to comment on the case as he exited the supreme court building. The father made the following statement: “Each one of the so-called supreme court justices is worse than a murderer, because they make it possible for more sons and daughters to be murdered. I’d like to see every one of them strung up, like they should have done to the creep who was set free, and if someone will give me a rope I’ll go in there and do it myself.”

A state statute proscribes, with criminal penalties, “the making of any threat to the life or safety of a public official for any act the official performed as part of the official’s duties in office.”

Which of the following is correct regarding the statute?

A. The victim’s father could constitutionally be punished under the statute, but only if the state supreme court justices heard the threats he made.
B. The vicim’s father could constitutionally be punished under the statute.
C. The victim’s father could not be constitutionally punished under these circumstances, but the statute is constitutional on its face.
D. The statute is unconstitutional on its face.

Answer 14

C. The victim’s father could not be constitutionally punished under these circumstances, but the statute is constitutional on its face.

Question 15

A city council passed a zoning ordinance banning the operation of adult-oriented businesses in any “residential” or “commercial” zone of the city. Such businesses were allowed to operate only in areas zoned “industrial.” The ordinance was passed due to concerns about the “secondary effects” of adult bookstores, such as increases in petty crimes. The owner of a profitable chain of adult bookstores and video rental operations sought a zoning variance to allow the owner to locate a store in a commercial zone of the city. The variance was denied. The owner then filed suit in federal court, claiming the denial of the variance violated his free speech rights.

Is the owner likely to prevail?

A. No, because speech-related activities may be regulated to prevent effects that are offensive to neighboring businesses and residents.
B. No, because the ordinance is designed to serve a substantial governmental interest and does not unreasonably limit alternative avenues of communication.
C. Yes, because the city is improperly regulating speech based on its content.
D. Yes, because the city has not established that the owner is selling obscene materials.

Answer 15

B. No, because the ordinance is designed to serve a substantial governmental interest and does not unreasonably limit alternative avenues of communication.

Question 16

A city zoning board recently denied a request from the local library for a variance needed to expand the library building. An angry library patron went to the library, stood next to the front door, and handed each person entering a leaflet asking the person to contact each city zoning board member named in the leaflet and threaten to vote the member out of office unless the member changed his or her vote regarding the library’s request for a zoning variance. The head librarian noticed the patron handing out the leaflets and asked her to stop, correctly explaining that the distribution was in violation of a city ordinance. The patron refused to comply, and the head librarian summoned the police. When an officer arrived, the librarian again asked the patron to stop distributing leaflets, but the patron again refused. The officer then arrested the patron for violating a city ordinance. At trial, the patron defended against the charges by claiming a violation of her First Amendment rights.

Which of the following variations of fact would be most helpful to the patron’s First Amendment claim?

A. The librarian did not repeat the “cease and desist” request in the police officer’s presence
B. The library is completely surrounded by public sidewalks
C. The librarian has permitted some people to distribute leaflets at the front door of the library at all hours
D. The leaflets also requested campaign contributions to be used to oppose board members who failed to change their vote

Answer 16

C. The librarian has permitted some people to distribute leaflets at the front door of the library at all hours

Question 16

Under current Supreme Court precedent, the First Amendment Free Exercise Clause __________.

A. Prohibits any government regulation that interferes w/ religious practices unless the government can prove that the regulation is necessary to achieve a compelling interest
B. Prohibits government from punishing conduct just because it’s religious
C. Prohibits laws of general applicability unless they have an exception for religously motivated conduct
D. Prohibits any government regulation that interferes with religous practices unless the government can prove that the regulation is narrowly tailored to achieve an important government objective

Answer 16

B. Prohibits government from punishing conduct just because it’s religious

Question 17

Which of the following is not a factor in the test for the validity of government action under the Establishment Clause when no sect preference is involved?

A. The action comports with hisorical practices
B. The government action is narrowly tailored to promote a compelling interest
C. The action faithfully reflects the understanding of the Founding Fathers
D. The action pursues a course of neutrality toward religion

Answer 17

B. The government action is narrowly tailored to promote a compelling interest

Question 18

Pursuant to statute, a state’s department of education provides model lesson plans to any school or school district in the state requesting such plans. A private religious school whose curriculum is more than 50% religious matters applied for and received model lesson plans for the nonreligious subjects taught in its classrooms.

Which of the following is the best argument supporting the constitutionality of the state’s statutory policy of providing model lesson plans to this private religious school?

A. The teaching of religious matters in private schools is not constitutionally prohibited
B. The program is available to all private schools regardless of religious affiliation
C. Private religious schools fulfill an important educational function
D. The Free Exercise Clause requires identical treatment by the state of students in public and private schools

Answer 18

B. The program is available to all private schools regardless of religious affiliation

Question 19

A defendant charged with driving while intoxicated pleaded not guilty and insisted on a trial. Right before the trial began, he fired his attorney and decided to defend himself. At one point during opening arguments, the defendant began to act like a cat, meowing and chasing an imaginary squirrel out of the courtroom.

If no one else raises the issue of the defendant’s competency to stand trial, what is the responsibility of the trial judge here?

A. The trial judge has no responsibility, because the defendant decided to defend himself.
B. The trial judge has no responsbility, because she cannot devide whether the defendant is competent to stand trial.
C. The trial judge must raise the issue of competency, because the defendant is representing himself.
D. The trial judge must raise the issue of competency, because the Constitution obligates her to do so.

Answer 19

D. The trial judge must raise the issue of competency, because the Constitution obligates her to do so.

Question 20

A lunarian society believed that intelligent life existed on the moon, but that the government was not interested in searching for it. A wealthy political contributor who was a member of this society successfully lobbied Congress to pass a $100 million bill to investigate this hypothesis, even though virtually all reputable scientists rejected it. The President vetoed the bill, calling it a waste of money, but Congress overrode the veto, and the appropriation was authorized.

If the constitutional validity of the expenditure is challenged in federal court, is the court likely to find it valid?

A. Yes, because the spending power of Congress is limited only by the political process.
B. Yes, because Congress could believe that the expenditure is a reasonable measure to advance the general welfare.
C. No, because the expenditure is inconsistent with the exclusivity authority of the President over foreign affairs.
D. No, because the spending does not directly affect interstate or foreign commerce.

Answer 20

B. Yes, because Congress could believe that the expenditure is a reasonable measure to advance the general welfare.

Question 21

By state law, no movie theater may admit anyone under age 18 to any movie classified as “adult” by the state ratings board. In response to a survey on the effect of adult entertainment on people under age 21, the legislature proposed to amend the statute to prohibit admission of any male under age 20 and any female under age 19 to any theater playing adult-rated movies. A theater owner operates a theater showing only adult-rated movies. Because it is located next to a college campus, he stands to lose nearly half his patronage if this statute is enacted. The theater owner brought an action in federal court to restrain its enactment, arguing that it would amount to unconstitutional sex discrimination.

What should the court do?

A. Dismiss the action for a want of a case or controversy.
B. Dismiss the action, because it does not present a substantial federal question.
C. Abstain from hearing the case, pending an authoritative construction of the proposed statute by a state court.
D. Hear the case on its merits, because the proposed statute would deny males equal protection of the law.

Answer 21

A. Dismiss the action for a want of a case or controversy.

There is no case/controversy because the statute is only PROPOSED

Question 22

Eighty-five percent of tobacco products sold in the United States originate in the tobacco fields of one state. Its legislature passed a law prohibiting cultivation of tobacco in the state, citing severe health risk concerns. In response, Congress enacted legislation specifically authorizing and encouraging cultivation of tobacco by providing tax incentives and federal subsidies for tobacco growers.

If a tobacco grower and state resident is prosecuted under the state statute, will the federal law compel the state court to dismiss the action?

A. Yes, because the commerce power authorizes Congress to regulate activities of national economic significance and the state statute is inconsistent with the federal legislation.

B. Yes, because the General Welfare Clause empowers Congress to enact legislation it believes to be beneficial to the people of the United States, making the inconsistent state statute invalid.

C. No, because the power to regulate to promote the general welfare is reserved to the states by the Tenth Amendment.

D. No, because the state has a compelling interest in protecting the health of its residents.

Answer 22

A. Yes, because the commerce power authorizes Congress to regulate activities of national economic significance and the state statute is inconsistent with the federal legislation.

Question 23

The President issued an executive order prohibiting exportation to certain countries of specific computer software that, although not usable directly to develop nuclear weapons, would facilitate nuclear weapons technology. Congress had previously passed a law authorizing the issuance of such orders. Prior to the issuance of the executive order, a computer software company contracted with one of those countries for software that is now banned for sale and distribution.

What effect does the executive order have on this contract?

A. The executive order unconstitutionally impairs the obligation of the company’s preexisting contract, which was lawful when made.
B. The executive order unconstitutionally denies the company a valuable property interest without due process, because it is not limited to computer software used directly to produce nuclear weapons and, therefore, is not necessary to vindicate a compelling national need.
C. The executive order is constitutional because Congress has plenary powers to regulate commerce with foreign nations and has used that power to authorize such orders.
D. The executive order is constitutional, because the inherent power of the President to conduct foreign affairs is plenary.

Answer 23

C. The executive order is constitutional because Congress has plenary powers to regulate commerce with foreign nations and has used that power to authorize such orders.

Question 23

To crack down on illegal immigration, Congress passed a law giving a federal agency the power to make rules to reduce crime related to illegal immigration. The agency passed a rule requiring state police officers to verify the identity of anyone who is arrested, determine whether they are legally in the country, and if proper documentation cannot be verified, detain them while alerting federal authorities, who will either deport or clear them.

The governor of a state held a press conference announcing that the state will not comply with this rule. Over the next several months, federal officials received no notifications from the state.

If the federal government files an action in federal court to force the state to comply with the rule, will the federal government prevail?

A. No, becauese the tenth amendment prevents the federal government from requiring state officers to act.
B. No, because the Equal Protection Clause prevents the federal government from discriminating based on alienage.
C. Yes, because federal agency regulations supersede state laws under the Supremacy Clause.
D. Yes, because the federal mandate is not tied to the appropriation of any money to the states.

Answer 23

A. No, becauese the tenth amendment prevents the federal government from requiring state officers to act.

Question 24

A state law provided that only citizens of the United States may be hired by any governmental unit within the state. A citizen of the Philippines, who had been a legal resident of the state for five years, was awarded a medical degree from the state university and was licensed by the state to practice medicine. The doctor applied for a job opening in the state government, but despite the fact that she was fully qualified, she was rejected solely because of the statute.

If she files suit in federal court to enjoin enforcement of the statute, what is her best constitutional argument?

A. The Ex Post Facto Clause
B. The Equal Protection Clause of the 14th Amendment
C. The Due Process Clause of the 14th Amendment
D. The Privileges or Immunities Clause of the 14th Amendment

Answer 24

B. The Equal Protection Clause of the 14th Amendment

Question 25

A defendant stood accused of murdering a family of six in a small town. The judge, concerned not only about prejudice to the defendant’s right to a fair trial but also about media attention and public opinion in such a small locale, issued an order forbidding the press from attending the trial or publishing any details of the testimony at trial.

If a local newspaper sues in federal court to have the judge’s gag order overturned, will the newspaper prevail?

A. Yes, because the proper way to deal with prejudicial publicity is via a change of venue
B. Yes, because the newspaper has a 6th Amendment right to a public trial
C. Yes, because the judge has attempted to impose a prior restraint in violation of the 1st Amendment
D. No, because the judge honestly believed that publicity would be prejudicial and would impair the defendant’s constitutional right to a fair trial

Answer 25

C. Yes, because the judge has attempted to impose a prior restraint in violation of the 1st Amendment

Question 26

A controversial religious group had several long-standing disputes with local politicians. Recently, the county fire marshal inspected the church’s building and found it failed to meet code because of insufficient fire exits. As was standard procedure for all such violations, the fire marshal initiated proceedings to revoke the church’s certificate of occupancy. The group requested that the county make an exemption from the building code, asserting that it could not afford to make the necessary changes to make the building conform to the code, and that closing the building would hinder their ability to congregate and worship.

If the group’s request is denied and the group seeks to enjoin the county from enforcing the building code on constitutional grounds, which party is likely to prevail?

A. The church on the basis of equal protection
B. The church, on the basis of freedom of religion
C. The county, because an exemption for the church would constitute an establishment of religion
D. The county, because the regulation was not intended to close the church

Answer 26

D. The county, because the regulation was not intended to close the church

Question 27

Congress wishes to enact legislation prohibiting discrimination in the sale or rental of housing on the basis of the sexual orientation of the potential purchaser or renter. Congress wants this statute to apply to all public and private vendors and lessors of residential property in this country, with a few narrowly drawn exceptions.

Which of the following provides the strongest basis for enactment of this legislation by Congress?

A. The General Welfare clause, because the conduct the statute prohibits could reasonably be deemed to be harmful to national interest.
B. The Commerce Clause, because the sale or rental of almost all housing in aggregate could reasonably be deemed to have a substantial effect on interstate commerce.
C. The enabling clause of the 13th Amendment, because that amendment prohibits discrimation against badges of past discrimination.
D. The Enabling clause of the 14th amendment, because that amendment prohibits public and private factors from engaging in discrimination.

Answer 27

B. The Commerce Clause, because the sale or rental of almost all housing in aggregate could reasonably be deemed to have a substantial effect on interstate commerce.

Question 28

A state statute prohibited individuals from donating more than $1,000 per year to any group that lobbies for or against any matter up for consideration before the state legislature. A voter who wanted to donate $5,000 to a lobbying group challenged the statute on constitutional grounds in federal court.

Is the court likely to uphold the statute?

A. Yes, because the statute is reasonably related to the state’s legitimate interest in controlling such contributions.
B. Yes, because the statute does not restrict the core political speech right to donate directly to legislative candidates.
C. No, because the statute places a restraint on core political speech and association rights without sufficient justification.
D. No, because a state may not place any limits on the amount of money that may be contributed to political campaigns.

Answer 28

C. No, because the statute places a restraint on core political speech and association rights without sufficient justification.

Question 29

A state enacted a statute prohibiting the use in any medical facility in the state of any blood or blood derivative that has not been tested and declared free of HIV antibodies. The statute requires the tests to be done at a testing facility located in the state and approved by the state health commissioner. An established, reputable hospital system has a large hospital in the state, as well as hospitals in several other states. The hospital system has a long-term contractual relationship with a large, state-of-the-art blood testing facility located in another state to perform blood tests for all of its hospitals. The hospital system petitioned the state health commissioner for approval to use blood tested at the out-of-state facility. The commissioner, citing the statute, refused. The hospital system has sued to enjoin the commissioner from preventing the use of blood tested for the HIV antibodies at the out-of-state facility, alleging that the statute, as applied to it, is unconstitutional.

Which party is most likely to prevail?

A. The plaintiff, because the statute violates the Contract Clause.
B. The plaintiff, because the statute violates the Commerce Clause.
C. The defendant, because the statute does not discriminate against out of state competition.
D. The defendant, because the statute is valid under the police power since it’s directly related to public health.

Answer 29

B. The plaintiff, because the statute violates the Commerce Clause.

Question 30

To boost the slumping cruise ship trade, Congress passed a bill providing that six outmoded United States Navy vessels would be sold to a private cruise company for $1 each, on condition that the company refurbish the ships at its own expense and operate the ships as cruise ships for at least four years. The conditions for the refurbishing were highly specific, and it would cost the company at least $3 million to refit each ship as a modern cruise liner. The company agreed to the conditions, but a competitor cruise company filed suit in federal court to block the sale.

Which of the following statements is most correct concerning disposition of the case?

A. The federal court should treat the sale as presumptively valid, because the Constitution expressly gives Congress the power to dispose of property of the US.
B. The federal court should treat the sale as presumptively invalid, because the Constitution expressly denies Congress the right to deprive persons of property without due process of law.
C. The federal court should rule the statute unconstitutional only if the President or the Secretary of Defense has certified that the Navy ships are obsolete for defense purposes.
D. The federal court should rule the statute unconstitutional because it denies other cruise ship operators the equal protection of the laws.

Answer 30

A. The federal court should treat the sale as presumptively valid, because the Constitution expressly gives Congress the power to dispose of property of the US.